Category Archives: lawsuit

How to Build a Trustworthy Organization

guest blog by Robert E. Frank, Colonel, USAF (Ret.)
           (Founder, HomeOwnersCoalition.Org & Veterans Advocate)

My business experience has taught me over the past 50 years that if a process is designed to be as trustworthy as reasonably possible, EVERYONE benefits from being able to accept it as such.

But, if systems, such as board elections or controls of something like association credit/debit cards and checks, are allowed to be designed and implemented with very obvious loop holes in the audit trail, then no one can trust the system.

It is common for an organizational manager and/or board members to raise their voices and get belligerent when someone points out that an election or financial system component can be easily corrupted. They typically change the subject to “how dare you accuse my group of election fraud!”

Of course, that is not the point. The point is why would an honest, ethical person or organization (either board of directors, election committee, CAM or community management company) want to ALLOW an election process to exist where allegations of misconduct could be fairly suspected and/or made part of a criminal complaint?

Money is NOT the issue on implementing “trustworthy” board elections and trusted financial management processes. Nothing is more important for a board or CAM than to ensure that the member’s money and property is cared for according to statutes and common sense.

Much flexibility is allowed to developers, boards and CAMs when it comes to business system components of the association. Failing to ensure the key components are designed and managed to be reasonably trustworthy is, in my opinion, a sign of gross negligence and possible corruption.

The necessary tools and techniques are relatively easy and inexpensive to use to assure trustworthy systems for HOAs and Condos. In my opinion, blustering objections to implementing trustworthy systems within HOAs and Condos should be summarily rejected by all professionals. Such mismanagement puts a blight on all our business reputations.

Ye Olde Clubhouse…The Other Money Pit

guest blog by Nila Ridings

You may pass it by every day with merely a glance and no thoughts to the cost of the HOA clubhouse.  Yet, when we take a closer look at its financial drain you’ll probably sit up and take notice. 
 
These party palaces can suck away more money than a 40 foot speed boat with twin engines.  And in the case of Quivira Falls there is rarely a party or a paid rental to be found. Most communities restrict usage to homeowners. That makes sense except when the homeowners rarely rent it.
 
A short time ago, the Quivira Falls board president slyly pulled off a self-dealing maneuver and milked the HOA cash cow for a complete redecorating of the clubhouse.  She claimed to be in the “decorating business” so she slid the job through her company.  No other bids were taken.  There is probably more to the redecorating details, but here’s the list of what I know was done: new window treatments, new hardwood flooring, paint throughout, new bathrooms, new kitchen, new door locks, mold abatement, and custom-framed photographs.  She claimed none of this cost too much because she was keeping “the boys” busy during the winter months.  “The boys” just happened to be employed by the property manager.  None of these redecorating expenses included the price for labor.  Did you ever know of a construction project that didn’t require labor?  And furthermore since the houses are rotten and need repairs and painting, why weren’t these guys laid off like most construction workers and the wages saved until better weather so it could be spent on the townhomes not the clubhouse?
 
According to the May 2014 issue of QF The News, rentals so far this year have totaled $1,000.  Nice even number, but expenses so far are: janitorial supplies $292.30, pest control $76.72, R&M (whatever that is?) $213.13, utilities $2,393.79.  I’m not a CPA, but my calculations total the expenses at $5,075.94-$1,000=($4,075.94) in the hole. Summer is coming in Kansas so the cooling cost on this money-sucker is going to skyrocket to nearly $900 per month.  You may be asking why the utilities are costing so much for a building that by the rentals would indicate it is empty at least 29 days per month.  Well, here’s the answer: the property manager has ONE EMPLOYEE working in that building Monday through Friday.  Thousands of dollars per year are spent on heating and cooling just for one person to sit at a desk and answer the phone, play computer games or whatever, in that building!
 
Before the redecorating “money maker,” the previous HOA president had stucco applied to the exterior and told me the cost was $100,000.  There have always been yearly landscaping expenses and most recently lighting was installed on the entry stairs attached to a deck that extends beyond the doors.  I call this place the Taj Mahal.  
 
It eats money like a slot machine but it’s really too small to be of much benefit.  Most clubhouses are one big room, this one is a small room and another small room with a conference table.  Select homeowners use it for Bunco games.  Others who have tried to use it for meetings regarding the conditions of the community, have been given the excuse of either the furnace doesn’t work in the winter or the air conditioning is broken in the summer.  Always an excuse for keeping the “pariahs” out of the clubhouse their money is being spent on. 
 
Wichita has a condo association where the clubhouse has a bar.  Its been the source of more than one juicy rumor and drunken fight.  But one night it became the place of a flaming disaster.  A board member rented it to someone outside of the COA and the stories are varied but all pretty much conclude with it being quite the drunken scene.  In the wee hours of the morning it ignited into flames and burned to the ground.  The board members blamed the fire on one of their most-hated condo owners.  (You know the guy that was eventually beaten with a crowbar.)  The Fire Marshall testified that the cause was an outlet behind the refrigerator.  Apparently, it was damaged when somehow the refrigerator was pushed back too far into the wall and the plug smashed into the outlet.  His explanation was logical but the bullies on the board still blame their enemy.  And the damage was around one million dollars.
 
I’ve had friends who lived at a lake community in the area.  They have a golf course, stables, and a clubhouse with a restaurant.  Now, there’s another “hook” on the HOA concept.  You must eat so many meals per month at the restaurant or pay anyway.  When HOA life goes sour the last thing people want to do is have a meal with their enemies sitting across the dining room pointing, whispering, and glaring at them.  They were happy to sell and get out of there, but part of the revenue comes from “outsiders” renting the venue for parties and wedding receptions. That reduces the financial sting a bit. 
 
Next time you drive past your clubhouse envision that it is bleeding money because it probably is.  If you are thinking of buying into an HOA…well…I would advise you not to do that, but certainly put the cost of a clubhouse at the top of your list for reasons to run for the exit!

What’s Up With The Realtors?

This blog is absolutely self-serving, and I have no problem admitting it. After all, I’m trying to sell my book and part of that means doing paid speeches across the country.

A few weeks ago a huge real estate firm in a major Midwest city offered a pretty nice fee to have me speak at their annual convention. I was out of state at the time, but rushed back to talk to these Realtors about the country’s HOA mess and the kinds of financial and housing disasters that are racing down on this country like a falling bomb. But while I was in the air, my agent got a call saying the company was cancelling my speech.

That’s OK, it happens. But it’s unusual enough that it got me wondering. I learned I was hired on a recommendation, but at some point someone in this real estate network must have read my book and discovered the topic was, shall we say, controversial?

Controversial?

Well, let’s take a second look. If a looming real estate disaster is about to destroy the financial well-being of millions of people as they buy homes and take out mortgages, shouldn’t someone advise them to be cautious about how they structure their new purchase? And who should that be? Are the Realtors giving their clients such warnings? Me thinks not.

If the entire Real Estate profession is on the verge of getting hammered by a housing disaster a hundred times bigger than the 2008-2009 recession, who should know about it first? Do you think the Realtors know? Me thinks not.

A lot of us are being blinded and hornswoggled about the state of our economy. I’m going to link to a 2008 Wall Street Journal column about a hedge fund manager who predicted the 2008 mortgage crash, and found several ways to ‘short’ the housing market. He made billions of dollars profit for himself, and many billions more for his hedge fund.

And who knows absolutely nothing about how this obscure investor made his billions? Do the Realtors? Again, me thinks not.

(WSJ column on John Paulson, hedge fund manager)

 

Handicapped NC Woman Beats HOA

Rebecca Cunningham, don’t count your chickens before they’re hatched!

Ms. Cunningham is handicapped and four years ago installed a lift on her porch to allow her to avoid the stairs. No problem. The HOA approved it. All of a sudden, the HOA said she had to repaint it to exactly match the new cream color of the trim. She talked to the manufacturer who said it shouldn’t be painted, because it would make maintenance too difficult. So she appealed to the HOA, and lost.

Rebecca then appealed to a local television troubleshooter who got some attorneys involved, and hoo boy, did this HOA ever stumble and scramble backwards.

Rebecca, listen carefully because I’m going to give you some inside dope. HOAs hate disabled people. It’s not about you, it’s the fact that you’re disabled. Really! We’ve seen this thing happen time and again across the country where HOAs seem to come down especially hard on the handicapped. You’re persona non grata. Your very presence apparently brings down property values.

But, Rebecca, it gets worse. You embarrassed your HOA board by going public and getting your story broadcast on the Durham, N.C. ABC-affiliate. They were further embarrassed by having to rescind their illegal order against you. Babe, from now on you are a target. You’ve got a big target on your back. They will harrass you mercilessly. Not only is your disability bringing down property values, you failed to worship at the feet of the neighborhood Nazis. Watch your back Rebecca. But don’t ever back down.

(link to ABC-TV story in Durham, NC)

By the way, below is the management of this HOA if you’d like to thank them for accommodating handicapped people. Keep it nice!

Elite Management Professionals, Inc.
Address:
Street: 4112 Blue Ridge Road, Ste 100
Town: Raleigh
State: NC
Zip Code: 27612
Country: USA
Telephone: Telephone: (919) 233-7660
Fax:

Neighborhood Snit In Austin

It’s happening all over the country, but another old neighborhood in Austin, Texas has decided to create a community improvement association to encourage homeowners to clean up their properties. The old time homeowners who’ve been in the Hyde Park neighborhood generally don’t want to turn the association into a mandatory HOA. Newbies in the neighborhood definitely want that kind of dictatorial power.

One homeowner says he’s spent a fortune upgrading his house. So have other residents. But there’s one neighbor who won’t go along.

“It’s just not fair!” the clean guys say. “Just no fair!” Gosh, when you hear a whiner throwing that kind of phrase around, watch out! Life isn’t fair. What’s fair about a crippled kid, or racism, or crime, or any of the other unfair things that happen in life.

This neighborhood’s first step is a good one. A voluntary group that encourages a cleaner neighborhood is a boon to property values. When a homeowner resists improving his or her home, that’s a time for diplomacy, not threats or humiliation. Not ostracism or confrontation. This is a chance to prove the benefits of inclusion and good will, volunteerism and neighborliness. It actually works, folks!

Well, these ‘clean’ neighbors now want the fascist rules of the HOA movement imposed so they can snatch the offender’s house, clean it up themselves, and sell it to a new owner who’ll agree to abide by the ‘clean rules.’ And suddenly you’ve got a fascist government arising from the ashes of what used to be a relatively free neighborhood.

The place to fight for mandatory rules is with the local zoning commission. If an HOA is created then it creates a neighbor vs. neighbor mentality where the most vicious of personal attacks are made. If city zoning rules are imposed, the disputes are less expensive, less confiscatory and peace in the neighborhood can be maintained.

If Hyde Park homeowners think an HOA will raise property values, think again. Those who don’t want to live, or don’t like living in an HOA amount to about 90% of the population. Think about it. 90% of all potential home buyers won’t even look at your for sale sign. What’s your nice clean home really worth now? HOAs have just been developing a stinky reputation over the past few years. And you’ll see my predictions come true. HOAs do not improve or preserve property values, and there are thousands of examples around the country.

(click here for Hyde Park story)

http://www.austinhydepark.org/2014/04/is-there-a-homeowners-association-in-hyde-parks-future/